Acceptance of terms
These terms govern your use of this website and by using this website, you accept these terms in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Description of services
Through the Biz4Afrika.co.za (the "website"), Microsoft provides you with access to a variety of resources, including [access to offers provided by various partners through our "Get Stuff" page; relevant information through our "Learn Stuff" page; access to a directory of service providers; access to a marketplace where goods and services can be displayed. Offers will be introduced to the portal in a phased approach] (collectively "Services"). The Services and use of the website, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Unless otherwise specified, use of the website and the Services are for your personal and business specific use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services or your use of the website.
Privacy and protection of personal information
See the Privacy Statement for disclosures relating to the collection and use of your information.
Notice specific to software available on this website
Any software that is made available to download on the Website or in connection with the Services is the copyrighted work of the provider of such software. Use of the software is governed by the terms of the end user license agreement and any related terms or conditions, if any, which accompanies or is included with the software. An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to the terms of such license agreement or terms and conditions.
Microsoft is not responsible for the terms or enforcement of any license agreements or other agreements provided in connection with any software, services or other deliverables provided by third-parties.
Notice specific to Microsoft software available on this website
Any Microsoft software or online services ("Software") is made available for download or online use, as the case may be, solely for use by end users according to the applicable license or online services agreement. Any reproduction or redistribution of the Software not in accordance with the applicable agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
The software is warranted, if at all, only according to the terms of the applicable agreement. Except as warranted in such agreement and to the maximum extent permitted by law, Microsoft corporation hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions or merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Microsoft may make available as part of the services or in its software products, tools and utilities for use and/or download. Microsoft does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the service or in Microsoft software products.
Restricted rights legend. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA98052-6399.
Nothing in these TOU shall exclude or limit Microsoft's liability for fraudulent misrepresentation or for death or personal injury resulting from Microsoft's negligence or the negligence of Microsoft's employees or agents.
The website is provided "as is" without any representations or warranties, express or implied. Microsoft makes no representations or warranties in relation to the website or the information, Services and materials provided on or through the website.
Without prejudice to the generality of the foregoing paragraph, Microsoft does not warrant that:
- the website or Services will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading; or
Nothing on the website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, business or medical matters you should consult an appropriate professional.
Notice regarding limitation of liability
To the maximum extent permitted by law, Microsoft and/or its respective suppliers and/or business partners and or website partners, shall not be liable for any damages whatsoever including but not limited to special, indirect or consequential damages or any other damages resulting from use of the services and opportunities arising from the website and which might result in loss of business continuity, reputation, data or profits, and whether arising in contract, negligence or other tortious (delictual) action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
By using the website, you agree that the exclusions and limitations of liability set out hereinabove are reasonable. If you do not think they are reasonable, you must not use the website.
Our employees, officers and directors
You accept that, as a limited liability entity, Microsoft has an interest in limiting the personal liability of its employees, officers and directors. You agree that you will not bring any claim personally against any of the aforementioned in respect of any losses you suffer in connection with the website.
Without prejudice to the above paragraph, you agree that the limitations of warranties and liability set out in the website will, if applicable, apply to Microsoft's employees, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Member account, password and security
If any of the Services requires you to open an account or register, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account or any other breach of security. Other than to the maximum extent permitted by applicable law, Microsoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the written permission of the account holder.
No unlawful or prohibited use
As a condition of your use of the Services and the website, you will not use either for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services or the website in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Comments and feedback
a. User Comments. The Website may from time to time make available user related comments or feedback or similar services, be that through direct Website interaction, polls, blogs or other mechanisms ("Feedback Services"). Should you engage in the use of any of the Feedback Services, please note that you will not be able to go back and edit your interactions. You should also be aware that you may be held legally responsible for damages to someone's reputation if your comments or interaction in the Feedback Services are deemed to be defamatory. Should your interactions amount or be deemed criminal, then you will likewise be responsible for any criminal sanctions. Microsoft does not monitor or censor comments that are provided by you and Microsoft disclaims any and all liability relating thereto. Notwithstanding the foregoing, Microsoft reserves the right, in its sole discretion, to remove any comments or interactions that it deems to be inconsistent with the online activities permitted under this TOU in its sole discretion or when notified by other consumers or third parties that such user comments or interactions are offensive, slanderous or in any other way unlawful or inappropriate.
You agree to use the Feedback Services, and any other communication made in connection with the Services, only to post material or interact in a manner that is proper and, when applicable, related to the particular communication with the Feedback Services. By way of example, and not as a limitation, you agree that when using any Feedback Service, you will not:
- Use the Feedback Services in connection with unrelated surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless the Feedback Services specifically allows for or is aimed at such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Feedback Service.
- Violate any applicable code of conduct or other guidelines published from time to time by Microsoft.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Microsoft has no obligation to monitor any Feedback Service. However, Microsoft reserves the right to review content posted to or transmitted through the Feedback Service and to remove any content in its sole discretion. Microsoft reserves the right to terminate your access to any or all of the Feedback Service at any time, without notice, for any reason whatsoever.
Microsoft reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit, refuse to post or to remove any information or content, in whole or in part, in its sole discretion.
Materials uploaded to the Feedback Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download materials.
b. Feedback. We invite you to provide constructive feedback, comments and suggestions for improvements to the Services.
c. Ownership of Customer Comments and Feedback. Microsoft does not claim ownership of the suggestions that you provide to Microsoft (including feedback and customer comments) or post, upload, input or submit to any Services including any Feedback Services (each a "Submission" and, collectively, "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your submission, you are granting Microsoft and its respective affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses (including, without limitation, all Microsoft services), including, without limitation, the license rights to (i) copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your submission; (ii) publish your name in connection with your submission; and (iii) sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your submission as provided herein. Microsoft is under no obligation to post or use any submission you may provide and Microsoft may remove any submission at any time in its sole discretion.
By posting a submission, you warrant and represent that you own or otherwise control all of the rights to your submission as described in this TOU, including, without limitation, all the rights necessary for you to post the submissions.
You are reminded to always use caution when giving out any personally identifiable information, whether that be about you or 3rd parties in any submission. Microsoft does not control or endorse the content, messages or information found in any submission and, therefore, Microsoft specifically disclaims any liability with regard to the submissions and any actions resulting from your activities connected to your submissions, if any. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Notices and procedure for making claims of copyright infringement
If you believe that any aspect of the website infringes legitimate copyright you may own then you should follow the process established by Microsoft for this purpose - See Notice and Procedure for Making Claims of Copyright Infringement.
Links to third party sites
The principal purpose of the services are to allow you to access Microsoft and Microsoft business partners and supporters of business growth, development and employability. The links in the website are designed to and will let you leave the website home page. The linked sites of Microsoft's business partners are not directly under the control of Microsoft and Microsoft is not responsible for the contents or services of any linked site or any link contained in a linked site, or any changes or updates to such sites. Microsoft is not responsible for webcasting or any other form of transmission received from any linked site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or guarantee by Microsoft of such site, it's content, terms and conditions or operations.
Unsolicited idea submission policy
Microsoft or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Microsoft's products or marketing strategies might seem similar to ideas submitted to Microsoft. So, please do not send your unsolicited ideas to Microsoft or anyone at Microsoft. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Microsoft makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Trademark information is available at http://www.microsoft.com/about/legal/en/us/intellectualproperty/trademarks/en-us.aspx.
If any term of the TOU is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the remaining provisions which shall survive and deemed amended mutatis mutandis. Any unenforceable term shall be deemed automatically replaced by a similar, but enforceable term where possible.
Law and jurisdiction
These TOU will be governed by and construed in accordance with the law of the Country in which you are resident, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the aforementioned country.
Microsoft reserves any rights not expressly granted herein.